|Trademark law protects the advertising performance of the person active in business, or a businessman. A product and/or a service which is new in the market often requires several years until it is "established" with the customers. Once a given offer is found to be good quality and reasonably priced, the impressed circle of individuals or companies that demand this product will, in their next purchase, look for a feature that will lead them back to the product once found to be good. |
That is exactly what advertising aims for - to be conspicuous and different from other competitors. This distinguishing feature, be it a word or word element, a picture, a sound, a certain form of packaging, or the like, is what trademark law protects. As owner of a trademark registered with the Deutsche Patent - und Markenamt in Munich, i. e. of a trademark component which characterises and distinguishes the product, you can prohibit competitors from using identical or similar trademarks, thus preventing them from jumping on the bandwagon of your good standing to exploit the same. On the other hand, you must take care not to infringe someone else´s trademark rights.